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- in the course of his employment the provincial fiscal. O
as such,
- or by any other person in a
fiduciary capacity, or for a willful
violation of duty;
- (c) When the accused has concealed,
removed, or disposed of his personal
property, or is about to do so;
- (d) When the accused resides outside the
Philippines. (Sec. 2, Rule 127, Revised Rules
of Criminal Procedure)
RULE: Writ of attachment, etc. may be issued in criminal cases.
- Within the criminal action, with which the civil action
is impliedly instituted, the offended party may obtain
the preliminary writ of attachment.
- The court (in which the civil action is pending) is,
after the filing of the information in the criminal case,
- not ipso facto deprived of the power to issue
preliminary and auxiliary writs, such as
- preliminary injunction,
- attachment,
- appointment of receiver,
- fixing amounts of bonds,
- and other processes of similar nature,
- which do not go into the merits of the case.
(Ramcar, Inc. vs. De Leon, 78 Phil. 449, 452-453;
Babala vs. Abano, 90 Phil. 827, 828-829)
RULE: The provisional remedies in civil actions insofar as they
are applicable may be availed of in connection with civil
action deemed instituted with the criminal action. (Sec. 1,
Rule 127, Revised Rules of Criminal Procedure)
RULE: From the judgment of conviction in criminal case, two
appeals may be taken.
- Every criminal case involves two actions:
- one criminal and
- civil.
- From a judgment of conviction, two appeals may,
accordingly, be taken.
- The accused may seek a review of said judgment as
regards both actions.
- RULE: Similarly, the complainant may appeal with
respect only to the civil action.
- The right of either to appeal or not to appeal is not
dependent upon the other. (People vs. Coloma,
[Unrep.] 105 Phil. 1287)
RULE: If the criminal action is dismissed by the court on motion
of the fiscal upon the ground of insufficiency of evidence, the
offended party has no right to appeal,
- The reason for the rule is that the continuation of the
offended party's intervention in a criminal action
depends upon the continuation of such action by
- ALTERNATIVE REMEDY: his remedy being a separate
civil action after proper reservation is made therefor.
(People vs. Lipana, 72 Phil. 166, 170)
- EXCEPTION: But the offended party may rightly
intervene by interposing an appeal from the order
dismissing the action upon a question of law.
(People vs. Maceda, 73 Phil. 679, 681)
RULE: When the court found the accused guilty of criminal
negligence, but failed to enter judgment of civil liability, the
private prosecutor has a right to appeal for purposes of the
civil liability of the accused.
The appellate court may remand the case to the trial court for
the latter to include in its judgment, the civil liability of the
accused. (People vs. Ursua, 60 Phil. 252, 254-255)
RULE: When a judgment convicting the accused is appealed,
- the offended party has the right to be heard during
the appeal. (People vs. Villegas, G.R. No. 45039,
C.A., IV L.J. 635)
RULE: If the Solicitor General asks for the reversal of the
appealed judgment and the acquittal of the accused,
- the offended party has also the right to be heard.
(People vs. Villegas, G.R. No. 45039, C.A., IV L.J. 635)
RULE: Before the expiration of the 15-day period for appealing,
- the trial court can amend the judgment of
conviction by adding a provision for the civil liability
of the accused,
- and this notwithstanding/INSPITEOF that the
judgment became final because the accused had
commenced the service of his sentence. (People vs.
Rodriguez, 97 Phil. 349, 351)
- This ruling applies even though an appeal from the
judgment of conviction has already been
perfected. (People vs. Co Ko Tong, C.A., 51 O.G.
6337)
RULE: Reservation of the right to institute separate civil action
is necessary in the following cases:
1. In any of the cases referred to in Art. 32, Civil Code.
2. In cases of defamation, fraud, and physical injuries.
- The words "defamation," "fraud" and "physical
injuries" are used in their ordinary sense. The term
"physical injuries" means bodily injury, not the crime
of physical injuries. It includes attempted homicide,
frustrated homicide, or even death. (Carandang vs.
Hon. Vicente Santiago, 97 Phil. 94,96-97) Estafa is
included in the term "fraud." Where fraud is the basis
for both the civil and the criminal actions, they are,
according to law, to proceed independently. In the
same way that the civil suit can be tried, the criminal
prosecution has to run its course. (Rojas vs. People,
No. L-22237, May 31, 1974, 57 SCRA 243, 249)